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Types of Medicare Fraud
Medicare fraud occurs when an individual or institution purposely bills Medicare for services that were never provided or received. Any person or entity—from a physician to an insurance broker to a medical supplier—can be accused of this federal crime.
Examples of Medicare fraud include:
- Billing for equipment other than what the beneficiary actually received
- Billing for home medical equipment after it is returned
- Billing non-covered services as covered services
- Enrolling a beneficiary into a Medicare Advantage plan without their consent
- Making unsolicited phone calls, emails, or home visits
- Soliciting, offering, or receiving a bribe or kickback
- Submitting bills for services not provided, or unnecessary services
- Unbundling services (charging services individually rather than bundling them together)
- Upcoding a service (charging for a more expensive service than the one provided)
- Using false information to mislead beneficiaries into joining Medicare plans
There are many other ways to commit Medicare fraud—what it comes down to is that you used your own or someone else’s Medicare benefits in a way that you were not authorized to in order to make a profit.
Medicare Fraud Convictions
Healthcare providers found to have committed Medicare fraud face serious consequences. In addition to fines, they may also face prison time and be required to repay the Medicare payment they received and face prosecution by the federal government.
Medicare fraud convictions require proof beyond a reasonable doubt that an individual or company knowingly and/or willfully engaged in Medicare fraud. However, you can be convicted if you were found to have acted with deliberate ignorance or reckless disregard as well.
Because there are so many methods of committing Medicare fraud, these cases range from simple to immensely complex. Our Medicare fraud defense attorneys are highly suited to defend such claims. We have an extensive knowledge of federal criminal law and we also understand and can apply medical concepts like the standard of care, clinical practice guidelines, and conditions of payment to your defense.
Hire a Lessem, Newstat & Tooson, LLP Defense Attorney Today!
In a case as serious as Medicare fraud, early intervention from an experienced and knowledgeable defense attorney is imperative. Medicare fraud prosecutions are not like regular criminal cases—they follow a highly specific protocol lead by the U.S. Attorney’s Health Care Fraud Division. The defense requires a team of highly specialized Medicare fraud defense attorneys capable of analyzing and understanding medical practices and procedures. If you are looking to work with a capable and cutting-edge team in Los Angeles, reach out to Lessem, Newstat & Tooson, LLP today.
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